[WSBAPT] Securing Payment of Fees

[Mark Anderson]

Dear All:
The sole asset in an estate is the house in which the decedent last lived.  The Personal Representative has made substantial payments toward the attorney fees associated with the probate but cannot continue to pay those fees.  There is much work left to be done on the case.
WSBA Advisory Opinion 1110 permits an attorney to obtain a promissory note for the balance of undisputed attorney fees, secured by a deed of trust, so long as the attorney complies with the requirements of RPC 1.8(a).
Have any of you have ever entered in such an arrangement with the client?  If so, I sure would appreciate seeing any documents in which you made the disclosures required under RPC 1.8(a).  I know I could start with the broad language contained in a typical conflict waiver letter, but I would like to see if any of you have any disclosure documents that are more specifically tailored to RPC 1.8(a).
Thanks in advance.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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